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A class-action lawsuit launched over alleged defective Dell notebooks that were sold between July of 2004 and January 2005 will again see the light of day thanks to a recent Appeals Court ruling.
The original lawsuit filed by Michael Omstead, Melissa Malloy and Lisa Smith accused Dell that it had violated consumer laws in California by selling Inspiron notebooks that did not have adequate ventilation systems. In a District Court ruling back in 2008, the case was then dismissed when plaintiffs refused to comply when the court ruled that their claims should be arbitrated.
Now in a Friday ruling, the panel on the Ninth Circuit Court of Appeals has judged that the District Court “abused its discretion” by dismissing the case when the plaintiffs did not cooperate with arbitration. It also ruled that the lower court’s decision to enforce arbitration was in error because the class-action waiver in the Dell sales agreement was “unconscionable” under California law.
Ultimately, the reversal means the original case will be heard again in Federal Court. Jonathan Selbin, a lawyer representing the plaintiffs in the class-action lawsuit expresses his pleasure over the ruling and explains. “We got the courtroom doors open, which was our primary goal.”
As of this posting, Dell had not commented on the Appeal Court’s reversal.
The original lawsuit filed by Michael Omstead, Melissa Malloy and Lisa Smith accused Dell that it had violated consumer laws in California by selling Inspiron notebooks that did not have adequate ventilation systems. In a District Court ruling back in 2008, the case was then dismissed when plaintiffs refused to comply when the court ruled that their claims should be arbitrated.
Now in a Friday ruling, the panel on the Ninth Circuit Court of Appeals has judged that the District Court “abused its discretion” by dismissing the case when the plaintiffs did not cooperate with arbitration. It also ruled that the lower court’s decision to enforce arbitration was in error because the class-action waiver in the Dell sales agreement was “unconscionable” under California law.
Ultimately, the reversal means the original case will be heard again in Federal Court. Jonathan Selbin, a lawyer representing the plaintiffs in the class-action lawsuit expresses his pleasure over the ruling and explains. “We got the courtroom doors open, which was our primary goal.”
As of this posting, Dell had not commented on the Appeal Court’s reversal.
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